News reports about highly publicized cases involving embezzlement and other crimes may note the defendant also faces charges of wire fraud. A guilty verdict on any counts of wire fraud might result in the accused looking at harsh sentencing in a New York federal courtroom. Those concerned about a possible indictment would likely wonder what constitutes credible wire fraud charges.
Understanding wire fraud charges involve defining the two different words. As many realize, fraud consists of deception or misrepresentation for monetary or another illicit gain. Wire centers on using any electronic communications to facilitate fraud. These communications might entail using everything from social media to smartphones to conduct fraudulent activity.
For example, a telemarketing campaign might promote a fraudulent business opportunity. The company advertising the prospect might have no intention or ability to deliver any promises. Instead, the company could be diverting money from a pyramid scheme in a blatant attempt to steal money. Wire fraud charges might apply, and the prosecution must prove claims about wire fraud beyond a reasonable doubt.
Wire fraud defenses
As with other white-collar crimes, those accused can challenge their charges and defend themselves. Prosecutors must address the elements that establish the defendant’s complicity in committing a crime. With wire fraud, a vital component to prove is the intent to defraud. Sometimes, a company or individual could be grossly negligent and fail to deliver on promises. Such negligence may lack the intent to deceive, which infers not a crime occurred. The situation could be a civil matter.
Wire fraud also involves the use or intent to use wire communications. That is another element the prosecution must prove.
Additionally, the defense could point to problems with the prosecution and criminal investigation. The case might face dismissal if witnesses lied or the federal officers lacked a proper warrant. Each case is different, but constitutional rights always apply.